Central Tablelands County Council v Clow [2002] NSWCC 24

Reported Decision : (2002) 23 NSWCCR 442

Compensation Court of New South Wales

CITATION : Central Tablelands County Council v Clow [2002] NSWCC 24 Central Tablelands County Council PARTIES : v Lynette R Clow MATTER NUMBER(S) : 9111 of 1989 JUDGMENT OF: Neilson J at 1 Miscellaneous Matters :- Whether claim an "existing claim" or "new claim". Whether claim is an existing claim matter. Continuing award under s 40 made on 26 September 1990. On 30 June 1999 employer filed application to diminish and/or terminate award (WCA 1987 s 55). Employer's application deemed struck out pursuant to Pt 10 r 4. On 20 March 2002 worker filed application to increase award (WCA 1987 s 55) and seeking lump sums under ss 66 & 67 ("related claims"). Court seized of jurisdiction over this application. CATCHWORDS: On 15 April 2002 employer filed notice of motion seeking to restore its application to the list pursuant to Pt 10 r 4(2). Held: 1. Court has jurisdiction to grant the relief claimed. Farris v CB Richard Ellis (C) Pty Ltd [2002] NSWCC 12 distinguished. 2. Under s 105 of 1998 Act Court has jurisdiction over "existing claim matters" not merely "existing claims". 3. Where one party seeks a review of a current award (such a claim being an "existing claim") the other party's counter application arises "in respect of an existing claim". 4. Semble although matter deemed struck out was restored Court would have jurisdiction to accept a fresh counter application in any event. (This is not stated in judgment but is logical corollary). LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998 ss 105, 250 Compensation Court Rules Pt 10 r 4(2) CASES CITED: Farris v CB Richard Ellis (C) Pty Ltd [2002] NSWCC 12 DATES OF HEARING: 30/04/02 EX TEMPORE JUDGMENT DATE : 04/30/2002